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2 Bumps

Can you legally do this?

Kick your DH out of the house (or prevent his entry) just because you're upset with him? There's no clear and present danger to you or the kids?

If he goes along with it, thats his choice, but if he doesn't can he technically take legal action for your doing so?

I notice the "Kick his ass to the curb"-type comment comes up a lot and I wonder about that. I couldn't see my DH going along with it (except for the time it took to get a police officer).

 
Zoeyis

Asked by Zoeyis at 8:47 AM on Feb. 17, 2011 in Relationships

Level 31 (46,808 Credits)
This question is closed.
Answers (14)
  • There has to be probable cause, you can't just decide you to kick someone out. It would be like him coming home from work and kicking you out for Whatever reason.
    Librarianwoman

    Answer by Librarianwoman at 3:04 PM on Feb. 17, 2011

  • Hmmm...I dont think so. If there is a domestic dispute and he went to the cops because he got kicked out they might suggest he stays elsewhere for the night but legally I think he could come back the next day.
    smushy79

    Answer by smushy79 at 8:49 AM on Feb. 17, 2011

  • If it's his legal residence then I would say no, no matter if his name isn't on the loan papers/deed etc. You have to have just cause, and just being upset at him isn't enough.
    MrsLeftlane

    Answer by MrsLeftlane at 8:50 AM on Feb. 17, 2011

  • It is not legal.
    HKing01

    Answer by HKing01 at 12:03 PM on Feb. 17, 2011

  • Even if you own it and he doesn't. You have to go through the legal process - written notice- file-eviction. It could take a month or two.
    But if he leaves when you tell him to.
    tootoobusy

    Answer by tootoobusy at 9:05 AM on Feb. 17, 2011

  • You can't. Plain and simple.
    Orionsgirl

    Answer by Orionsgirl at 10:23 AM on Feb. 17, 2011

  • Yes and no. It really depends on the state laws. In my state if an officer has to come out to the house then someone has to leave. So, technically it can be legal.
    JeremysMom

    Answer by JeremysMom at 8:51 AM on Feb. 17, 2011

  • Well if the cops are called then yes you can, but if not and his name is not on the mortgage/deed/lease then you would have to go through the legal eviction process if he decides to fight you on it.
    aeneva

    Answer by aeneva at 9:25 AM on Feb. 17, 2011

  • No.

    If there was a physical altercation, then the cops will take the one that was violent to jail.

    I had a friend who was divorcing her husband because she found out he was using drugs (again). He came home a few days after she kicked him out, she called the cops & the cops told her they cannot make him leave until the divorce papers say so. So, he stayed & she left with the kids.
    samurai_chica

    Answer by samurai_chica at 9:26 AM on Feb. 17, 2011

  • well, i did kick my ex to the curb! But he left voluntarily, becasue i told him if he didn't, i was going to get a restraining order of protection. Legally, you cannot force a person to leave, you cannot change the locks, and you cannot lock them out. You have to have a court order or an emergency order (like the police taking him away) in order to do it legally. Every state differs some, but basically, unless it's done through a court or police action, it's not legal. In my state, if the cops are called on a domestic violence call, one person HAS to go to the police station upon that call. The police cannot legally leave a domestic call with both parties remaining there.
    Anonymous

    Answer by Anonymous at 10:21 AM on Feb. 17, 2011

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